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2025 DAILYLAW 4682 (KAR)

KIRAN S/O NEELAPPA PAWAR ALIAS LAMANI v. THE STATE OF KARNATAKA

CRL.P/101392/2025 · 2025-04-03

V Srishananda

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:5955 CRL.P No. 101392 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101392 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: KIRAN S/O. NEELAPPA PAWAR @ LAMANI, AGE: 36 YEARS, OCC. POLICE CONSTABLE, R/O. SHIRAHATTI POLICE QUARTERS, SHIRAHATI, TQ. SHIRAHATTI, DIST. GADAG. (ACCUSED IN SHIRAHATTI POLICE STATION CRIME NO 207/2024) …PETITIONER (BY SRI SHRIHARSH A. NEELOPANT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE P.S.I., POLICE SUB INSPECTOR, SHIRAHATTI POLICE STATION, SHIRAHATTI-582120, TQ. SHIRAHATI, DIST. GADAG, THROUGH STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENCH DHARWAD. 2. XXX XXX AGE: 25 YEARS, OCC. STUDENT, R/O. KERALLI TANDA-582120, TQ. SHIRAHATI, DIST. GADAG. …RESPONDENTS (BY SMT.GIRIJA S. HIREMATH, HCGP FOR R1; SRI PRASHANT MATHAPATI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS, 2023, SEEKING TO ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL IN SHIRAHATTI P.S. CRIME NO. 207/2024 FOR THE OFFENCES P/U/SECTIONS 64(2)(a)(1), (2)(m), 2(a)(ii), 69, 238, V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.04 12:23:04 +0530 - 2 - NC: 2025:KHC-D:5955 CRL.P No. 101392 of 2025 318(2), 308(2), 318(4), 351(2), 115(2) OF BNS, 2023 ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE GADAG, PENDING TRIAL OF THE SAID CASE, WHO IS IN JUDICIAL CUSTODY IN THE ABOVE SAID CRIME. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Shriharsh A Neelopant, learned counsel for the petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent No.1-State and learned counsel for the respondent No.2. 2. Victim is aged about 22 years and she had living in relationship with the petitioner herein. However, when the petitioner failed to marry her, complaint came to be lodged belatedly. 3. Accused is in custody since 24.12.2024. Charge sheet came to be filed. Taking note of these aspects of the matter especially when the victim is a major, this Court is of the considered opinion that the petitioner can be - 3 - NC: 2025:KHC-D:5955 CRL.P No. 101392 of 2025 enlarged on bail by imposing suitable and stringent conditions. 4. Accordingly, the following order is passed. ORDER i. The criminal petition is allowed. ii. The Petitioner shall be enlarged on bail on executing a personal bond in a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the learned Trial Judge. iii. The petitioner shall not directly or indirectly tamper the prosecution evidence or hamper the investigation process in any manner. iv. Petitioner shall not leave the jurisdiction of Gadag District without prior permission. v. Petitioner shall attend the court regularly. vi. The petitioner shall not indulge in similar offences. - 4 - NC: 2025:KHC-D:5955 CRL.P No. 101392 of 2025 Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail. Ordered accordingly. SD/- (V.SRISHANANDA) JUDGE AC CT:PA List No.: 1 Sl No.: 32